Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director
Cyndy Prohaska, City Clerk
YREKA CITY COUNCIL MEETING AGENDA
December 5, 2023
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.
1. 5:30PM CALL TO ORDER:
2. PUBLIC COMMENT ON CLOSED SESSION:
3. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced.
Join this meeting via Zoom:
Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.
Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab. • Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six).
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a. Liability Claim (Gov. Code § 54956.95)
Claimant: Alford, Julia
Agency claimed against: City of Yreka
b. Liability Claim (Gov. Code § 54956.95)
Claimant: Meek, Susan
Agency claimed against: City of Yreka
c. Conference with real property negotiator (Govt C §54956.8) - Property: APN 053-591-400-000 and APN 053-591-380-000 - Agency negotiator: Jason Ledbetter
- Negotiating parties: E B Development Corporation
- Under negotiation: Price and Terms
d. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: 1
4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
Yreka Volunteer Fire Department Report - Fire Chief Jerry Lemos
6. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask clarifying questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
7. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from November 13, 2023, through November 22, 2023. b. Approval of Minutes of the Regular Meeting held November 21, 2023. c. Resolution 2023-54 Approving the 2024 Meeting Calendar for the Regular City Council Meetings. d. Approve the Transportation Claims for the Local Transportation Fund for Fiscal Year 2023-2024 and Authorize the Mayor to Sign the Claims on Behalf of the City. e. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
8. OLD BUSINESS:
Finance Director
a. Agenda Title: Second Reading of Ordinance No. 876 Regarding Proposed Water and Wastewater Utility Rate Increase.
Second Reading of Ordinance No. 876 An Uncodified Ordinance Of The City Council Of The City Of Yreka, California Determining That There Was No Majority Protest Of The Proposed Water And Wastewater Rate Increase And Adopting Updated Water And Wastewater Service Rates And Superseding The Existing Rates Established By Resolution No. 2018-27 and Finding The Ordinance Exempt From CEQA”.
Recommended City Council Action: Motion to adopt Ordinance No. 876.
9. PUBLIC HEARINGS: (none)
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
Yreka City Council Meeting December 5, 2023 3 of 46
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
10. NEW BUSINESS: (none)
11. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
13. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.
Public Hearings: If you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA)
COUNTY OF SISKIYOU) SS
CITY OF YREKA )
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I, Cyndy Prohaska, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30PM on December 5, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Cyndy Prohaska
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Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director
Cyndy Prohaska, City Clerk
YREKA CITY COUNCIL MEETING MINUTES
November 21, 2023
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.
Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.
1. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:30PM.
2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
Join this meeting via Zoom:
Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.
Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab. • Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six).
Yreka City Council Meeting December 5, 2023 25 of 46
3. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask clarifying questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.
The public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
Public comment was heard from Dawnmarie Autry and Lorenzo Love.
4. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from October 29, 2023, through November 10, 2023. b. Approval of Minutes of the Regular Meeting held November 7, 2023. c. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, McCoy, Kegg, Davis and Middleton NOES: -0-
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5. OLD BUSINESS: (none)
6. PUBLIC HEARINGS:
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
Finance Director
a. Agenda Title: Public Hearing and Introduction of Ordinance Regarding Proposed Water and Wastewater Utility Rate Increase
Introduction of Ordinance No. 876 An Uncodified Ordinance Of The City Council of the City of Yreka, California Determining That There Was No Majority Protest of the Proposed Water and Wastewater Rate Increase and Adopting Updated Water and Wastewater Service Rates and Superseding the Existing Rates Established By Resolution No. 2018-27and Finding The Ordinance Exempt From CEQA” and Pass the Ordinance to the next Council Meeting for a Second Reading and Its Possible Adoption.
Recommendation and Requested Action:
(i) Open Public Hearing, hear public comments, and close public hearing; (ii) Determine whether majority protest of the Proposed Water and Wastewater Rate Increase exists; and
(iii) Motion to accept the first reading of Proposed Ordinance No. 876 and pass the ordinance to the next Council meeting for a second reading and for adoption.
Public comment was heard from Fred Scott, Lorenzo Love, John Phillips, Tad White, Louise Gliatto, Kevin Douglas, Michael Quinn, Carolyn Anderson, Ed Fawaz, Steve Radford, Dian Collier, Sharon Barnes, Henry Lancaster, Jackie Whitiker, Eric Inman, Darrell Frost, and Dawnmarie Autry Motion to accept the first reading of Proposed Ordinance No. 876 and pass the ordinance to the next Council meeting.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Baker
AYES: Councilmembers Kegg, Baker, McCoy, and Middleton
NOES: Councilmember Davis
b. Agenda Title: Approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan and Development Impact Fee (Rate) Program The City is reporting on its annual collection and use of fee revenue received during the fiscal year 2022-2023.
Recommended City Council Action:
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(i) Conduct Public Hearing, hear public comments, and close public hearing; (ii) Motion to approve City Council Resolution 2023-53 approving the Development Impact Fee Report and Updating the City’s Capital Improvement Plan and Development Impact Fee (Rate) Program.
Public comment was heard from Lorenzo Love. No further public comment was received.
Motion to Approve City Council Resolution 2023-53 approving Development Impact Fee Report MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Kegg, Baker, McCoy, Davis and Middleton NOES: -0-
7. NEW BUSINESS: (none)
8. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
City Manager Ledbetter wished everyone a Happy Thanksgiving. City Manager Ledbetter reminded everyone that City Hall would be closed on November 23rd and November 24th for the Thanksgiving holiday.
9. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:
AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
Councilmember Kegg took part in World Kindness day on November 13th. Councilmember Kegg reminded everyone to support small businesses on small business Saturday which is November 25th.
Councilmember Baker thanked Public Works for their hard work in cleaning up and around Ringe Pool.
Councilmember Baker made note of wanting to discuss, at a later date, the discount for low-income residents; the required qualifications, and the need for the discount to possibly be raised.
Councilmember Davis stated that the Fire Safety Council will resume meetings in 2024.
Mayor Pro Tempore McCoy encouraged everyone to try the new restaurant Gonzo’s Breakfast House.
Mayor Pro Tempore McCoy thanked councilmember Baker for her recommendation that assembly woman Megan Dahle come to Yreka and give legislative updates.
Mayor Middleton attended the Yreka Stands United Against Hate day at the Yreka Library with City Manager Ledbetter where they watched a documentary called “Not in Our Town: Light into Darkness”.
Mayor Middleton reminded everyone about the Holiday Parade Saturday, November 25th and encourages participation and shopping to support small businesses.
10. ADJOURNMENT:
The meeting was adjourned at 10:00 PM
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-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on December 5, 2023
-------------------------------
Cyndy Prohaska, City Clerk
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Cyndy Prohaska, City Clerk
Agenda title: Adopt Resolution 2023-54 to Approve the 2024 Meeting Calendar for the Regular City Council Meetings
Meeting date: December 5, 2023
Recommendation and Requested Action:
Motion to Adopt Resolution 2023-54 of the City Council of the City of Yreka to Approve the 2024 Meeting Calendar for the Regular City Council Meetings.
It should be noted that both February 20, 2024, and September 3, 2024, meeting dates fall on Tuesdays after a three (3) day holiday weekend. Staff sees no issues with these two meetings proceeding as scheduled.
Discussion:
Annually the City adopts an annual calendar recognizing the City Council meetings for the next calendar year. The proposed 2024 meeting calendar recognizes the cancellation of the January 2, 2024 meeting, but otherwise conforms to the regularly scheduled meetings of the 1st and 3rd Tuesday of each month.
Fiscal Impact:
None
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RESOLUTION NO. 2023-54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA TO
APPROVE THE 2024 MEETING CALENDAR
FOR THE REGULAR CITY COUNCIL MEETINGS
BE IT RESOLVED by the City Council of the City of Yreka that the 2023 meeting calendar for the regular meetings of the City Council be set for the First and Third Tuesdays of every month starting at 6:30 pm, except as noted. The schedule for the 2023 Calendar Year is being set as follows:
January 2 - Cancelled July 2
January 16 July 16
February 6 August 6
February 20 August 20
March 5 Sept 3
March 19 September 17
April 2 October 1
April 16 October 15
May 7 November 5
May 21 November 19
June 4 December 3
June 18 December 17
This resolution shall take effect immediately upon its passage.
Passed and adopted this 5th day of December 2023, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_______________________________
Corey Middleton, Mayor
Attest: _________________________
Cyndy Prohaska, City Clerk
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Cynthia Lynch, Municipal Projects Manager
Agenda title: Discussion/Possible Action: Approve the Transportation Claim for the Local Transportation Fund for Fiscal Year 2023/2024 and Authorize the Mayor to Sign the Claims on Behalf of the City Meeting date: December 5, 2023
Recommendation and Requested Action:
That the Council approve the Transportation Claim for the Local Transportation Fund for Fiscal Year 2023/2024 and authorize the Mayor to sign the claim on behalf of the City.
Discussion:
The Transportation Development Act (TDA), passed in the late 1970’s to subsidize public transit, allows distribution from the Local Transportation Fund (LTF) to cities and counties in California. For every $7.25 the State collects in sales tax from the County, the County receives $.25. While these funds are mainly intended for local public transit, counties with a population under 200,000 are allocated a portion of the funds for local streets and roads after county transit needs are met and a Public Hearing on Unmet Needs is held.
The Siskiyou County Local Transportation Commission (LTC) determines the dollar amounts to be allocated (based on population) to Siskiyou County and its cities, and issues the Transportation Claim letters to the jurisdictions. The City Council is required to approve its annual LTF Transportation Claim at a regular City Council meeting before the LTC considers it for approval. The LTC has sent the City its Transportation Claim for FY 2023/2024, with the request that it be returned to the LTC as soon as possible.
Fiscal Impact:
The LTC staff has estimated that the allocation of streets revenue for the City of Yreka will be about $149,199 in FY 2023/2024, with another $201,092 to be allocated to County public transit needs. The amount the City will actually receive is based on receipts from the State of California and may vary from the claim amount.
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Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
(New X Amended )
To:
From:
A. Funding Available (Not Claimed)
1. Funds from prior years
2. Current Estimated Allocations
B. Total Amount Claimed
1. By Funding Source
c. Total Claimed
2. By Purpose
(Chapter 4, Part 11, Division 10 of P.U.C.)
d. Total Claimed $ 350,291.00
$ 350,291.00
a. Public Transit [Art 4, Sec 99260 (a)] $ 201,092.00
b. Streets/Roads [Art 8, Sec 99400 (a)] $ 149,199.00
c. Other $ -
$ 350,291.00
a. Estimated funds with County Auditor $ -
b. Current Estimated Allocations 2023/2024 350,291.00 $ This applicant, qualified pursuant to section 99203 of the Public Utilities Code, hereby requests, in accordance with the applicable rules and regulations of the Transportation Development Act as enacted and amended by statute to January 1, 2011, that its claim be approved in the amount of:
$ 350,291.00
a. Estimated funds with County Auditor 7/1/2023 $ -
2023/2024 350,291.00 $
Fiscal Year 2023/2024
Siskiyou County Local Transportation Commission
City of Yreka
(Claimant)
1 of 2
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Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
By: By:
Date: Date:
Executive Director Mayor
Approved:
Local Transportation Commission City of Yreka
The claimant herewith recognizes that any allocations for streets and roads will be made in accordance with, but not limited to, Section 99401.5, Article 8, Chapter 4, Part 11, Division 10 of the Public Utilities Code. This section stipulates that the Local Transportation Commission must take certain actions with respect to “Unmet Transit Needs” and whether they are “Reasonable to Meet” before any allocation can be made for other Public Transportation services.
When approved, please transmit this claim for payment from the Local Transporation Fund to the following address:
Siskiyou County Local Transportation Commission
1312 Fairlane Road, Suite 2
Yreka, CA 96097
Approval of the claim and payment by the County Auditor is subject to such monies being on hand and available for distribution and to the provisions that such monies will be used in accordance with the rules and regulations of the Transportation Development Act. 2 of 2
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330936.1
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Second Reading of Ordinance Regarding Proposed Water and Wastewater Utility Rate Increase
Meeting date: December 5, 2023
Recommendation and Requested Action:
Motion to adopt Ordinance No. 876 “An Uncodified Ordinance Of The City Council Of The City Of Yreka, California Determining That There Was No Majority Protest Of The Proposed Water And Wastewater Rate Increase And Adopting Updated Water And Wastewater Service Rates And Superseding The Existing Rates Established By Resolution No. 2018-27 and Finding The Ordinance Exempt From CEQA.” Discussion:
At the November 21, 2023, City Council meeting the city conducted a public hearing to hear and count protests from property owners and rate payers on the proposed rates recommended in City of Yreka’s Water and Wastewater Utility Rate Study conducted by Pace Engineering. The hearing was conducted consistent with Resolution 2023-46 “Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution” (adopted October 3, 2023). After tabulating protests in connection with the rate hearing, and not having received a majority of protests, the City Clerk determined no majority protest existed. The City Council introduced Ordinance 876, and passed the motion for a second reading. This evening the Council will hear the second reading and adoption of [Proposed] Ordinance No. 876.
Background:
The City engaged PACE engineering to review the City’s utility rates. The rate review was conducted to determine if the current rate structures can provide the revenues needed to allow the City to recover the total costs of Water and Wastewater Enterprises from existing and future customers. Study is available on the City’s website, and at City Hall. https://www.ci.yreka.ca.us/DocumentCenter/View/1518/Water-and-Wastewater-2023- Utility-Rate-Study. Costs that were reviewed included the costs of operation and maintenance (O&M), debt service, normal additions and replacements to the systems, administrative costs, and capital outlay.
The scope of the study includes a review and analysis of the operation of the City’s Water and Wastewater Enterprises based upon historic expenditures and revenues, the proposed system’s Capital Improvement Plans (CIP), and projected future revenue requirements.
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330936.
2 The Finance Committee met with Paul Reuter with PACE Engineering at the posted June 13, 2023, 10:00 AM meeting to discuss the preliminary results from the City’s water and wastewater utility rate study.
On September 5, 2023, Paul Reuter with PACE Engineering presented the City of Yreka’s 2023 Water and Wastewater Utility Rate Study to the City Council. The study evaluated the systems’ cost-of-service. Staff members were given direction at that meeting from the City Council initiate the rate increase process.
On October 3, 2023, the City Council adopted Resolution 2023-46 “Approving the Guidelines for The Submission And Tabulation Of Protests In Connection With Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution”.
And on October 4, 2023, a public notice was mailed to all utility customers with their utility bill that included both property owners and tenants advising of the scheduled public hearing to be conducted November 21, 2023, and of the proposed rate increase.
The public hearing notice with proposed rates was published in the Siskiyou Daily News on Wednesday November 1, 8, and 15, 2023.
At the November 21, 2023, the City Council heard comment through the close of the public hearing. Written protests were accepted through the close of the public hearing.
After the close of the public hearing, the City Clerk tabulated the protests received and determined that a majority protest did not exist. The City Council then deliberated on the proposed ordinance, moved, and approved Ordinance No. 876 for second reading.
Fiscal Impact:
Detailed analysis of the cost of providing services and fiscal impact are contained within the water and wastewater study. The rates increase will result an estimated 9.6% increase in water and 9.5% wastewater fee revenue over the next five years.
Attachments:
[Proposed] Ordinance No. 876
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3 ORDINANCE NO. 876
4 5 AN UNCODIFIED ORDINANCE OF THE CITY
6 COUNCIL OF THE CITY OF YREKA, CALIFORNIA
7 DETERMINING THAT THERE WAS NO MAJORITY
8 PROTEST OF THE PROPOSED WATER AND
9 WASTEWATER RATE INCREASE AND ADOPTING
10 UPDATED WATER AND WASTEWATER SERVICE
11 RATES AND SUPERSEDING THE EXISTING RATES
12 ESTABLISHED BY RESOLUTION NO. 2018-27 AND
13 FINDING THE ORDINANCE EXEMPT FROM CEQA
14 15 RECITALS
16 WHEREAS, the City of Yreka (“City”) operates and maintains potable water 17 and wastewater systems for the benefit of residents and businesses in the City, 18 and also for certain customers outside the boundaries of the City; and 19 WHEREAS, the City water and wastewater systems are operated as self20 supporting utility enterprises; and 21 WHEREAS, revenue from water and wastewater services rates and other 22 sources fund the ongoing operating and capital needs of City water and 23 wastewater systems, including providing for normal facility operations, 24 replacement and repair of equipment, improvements required to meet state 25 and federal regulatory requirements, inflation and other costs; and 26 WHEREAS, the water services rates currently applied to City customers were 27 last updated by Resolution No. 2018-27 adopted by City Council on June 21, 28 2018; and
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 29 WHEREAS, the wastewater rates currently applied to City customers were 30 last updated by Resolution No. 2018-27 adopted by City Council on June 21, 31 2018; and
32 WHEREAS, the City contracts with PACE Engineering (“PACE”), as City 33 Engineers and a task order was initiated by staff to update the City’s water 34 and wastewater financial plans and to recommend rates based on the financial 35 plans; and
36 WHEREAS, PACE has prepared a report dated September 2023 entitled 37 “Water and Wastewater Utility Rate Study for the City of Yreka” (“Report”); 38 and
39 WHEREAS, the Report presents a five-year financial plan for each utility that 40 reflects the City’s FY 2023-24 budget and financial conditions as of the 41 beginning of the current fiscal year, as well as obtaining funds to meet the 42 City’s debt service obligations and capital improvement projects to maintain 43 service with existing service areas during the five-year planning period 44 extending through FY 2027-28; and
45 WHEREAS, recommendations in the Report concerning water services rates 46 include applying a 9.6 percent overall annual rate increase in the first part of 47 each of the next five fiscal years, and charging certain fixed monthly charges 48 regardless of the amount of water actually used; and 49 WHEREAS, recommendations in the Report concerning wastewater services 50 rates include applying a 9.5 percent overall annual rate increase in the first 51 part of each of the next five fiscal years and charging a certain monthly usage 52 rate for non-residential household equivalents that are based on 90% of winter 53 water consumption or available flow factors for similar type of discharges; 54 and
55 WHEREAS, the Report demonstrates that the recommended rates do not 56 exceed the reasonable cost of providing water and wastewater services and, as 57 such, the proposed rates are not levied for general revenue purposes; and Yreka City Council Meeting December 5, 2023 38 of 46
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 58 WHEREAS, the proposed rates reflect the cost of providing service to all 59 customers and customer classes through the apportionment of costs based on 60 customer, capacity, and demand characteristics; and
61 WHEREAS, on October 3, 2023, PACE representatives and the Finance 62 Director presented the Report to the City Council and members of the public 63 at a public meeting, and having heard the presentation and comments 64 regarding the Report, the City Council accepted the Report and the 65 recommendations contained therein; and
66 WHEREAS, in accordance with Government Code Section 50076, fees that 67 do not exceed the reasonable cost of providing the service or regulatory 68 activity for which the fees are charged and which are not levied for general 69 revenue purposes are not special taxes; and
70 WHEREAS, at least forty-five days in advance of the public hearing at which 71 this Ordinance was considered, notice of the public hearing, and notice of oral 72 and written protest procedures against the proposed rates increases, were 73 mailed to all property owners and customers in compliance with California 74 Constitution Article XIII D, Section 6; and
75 WHEREAS, notice of the public hearing was also published in a local 76 newspaper in accordance with applicable laws; and
77 WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated 78 the number of written protests received and reported that there was not a 79 majority protest of the proposed water services rate increase or of the 80 proposed wastewater services rate increase by customers, owners or 81 authorized representatives of identified parcels receiving such services. 82 FINDINGS
83 WHEREAS, based on the information presented, including the staff report 84 and comments made by members of the public, the City Council of the City of 85 Yreka finds as follows:
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 86 A. The purposes of the updated water and wastewater services rates 87 established pursuant to this Ordinance are to (1) recover the reasonable 88 estimated cost of the services for which the rates are charged; (2) provide that 89 such costs are allocated among City customers so as to bear a fair and 90 reasonable relationship to customers’ burdens on and benefits from City water 91 and wastewater services; (3) secure the financial stability of the water and 92 wastewater systems; (4) ensure high quality services; and (5) provide a sound 93 financial plan that meets existing debt service obligations, which will assist in 94 funding capital improvement projects.
95 B. The updated water and wastewater services rates established pursuant to 96 this ordinance are not levied for general revenue purposes. 97 C. The rates set forth in this Ordinance are intended to meet operating 98 expenses, meet financial reserve needs and requirements, secure funding for 99 capital improvement projects to maintain service within existing service areas, 100 and recover costs necessary to maintain the current level of City water and 101 wastewater services. As such, adoption of the rates proposed in the Report, as 102 they relate to provision of water and wastewater services to City customers, is 103 not a “project” within the meaning of the California Environmental Quality 104 Act or C.E.Q.A. (Public Resources Code § 21080(b)(8)(A, C, and D)). 105 D. In adopting the rates set forth in this Ordinance, the City Council of the 106 City of Yreka is exercising its powers under Article XI, Section 7 of the 107 California Constitution.
108 E. The record of proceedings (“Record”) establishes that the costs listed in 109 the Report as those incurred by the City in providing water and wastewater 110 services to City customers are reasonable estimates of the cost of providing 111 such services, and that the revisions recommended in the Report for existing 112 water and wastewater service rates are necessary to recover the reasonable, 113 estimated cost of providing such services for which the rates are charged, to 114 allocate such costs among City customers so that they bear a fair and 115 reasonable relationship to customers, and to secure the financial stability of 116 City water and wastewater systems in accordance with the analyses contained 117 in the Report.
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 118 F. The procedures followed and the rates adopted are in compliance with 119 California Constitution Article XIII D.
120 G. There is not a protest of the proposed water services rate increases or of 121 the proposed wastewater services rate increases by a majority of customers, 122 owners, or authorized representatives, of identified parcels receiving such 123 services.
124 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
125 ORDAIN AS FOLLOWS:
126 Section 1. Definitions.
127 a. “City Customer’ shall mean any person, corporation, or other entity that 128 receives City water and/or wastewater services, regardless of whether City 129 water and/or wastewater services are provided to property within the City, or 130 property outside the boundaries of the City.
131 b. “Rates” shall mean the charge or charges imposed on City Customers to 132 recover the costs incurred by the City in providing water and wastewater 133 services.
134 Section 2. Water and Wastewater Services Rates Imposed. The Rates set forth 135 in Exhibit “A”, attached, are hereby approved and adopted and said Rates 136 shall supersede and replace the rates set forth in City Council Resolution No. 137 2018-27. Rates shall apply to and be paid by City Customers at the times, and 138 in the amounts, and otherwise apply and be administered as prescribed in this 139 Ordinance, said Rates to become effective with the service period also known 140 as the billing cycle ending March 20th of each calendar year, through and 141 including December 31, 2028.
142 Section 3. Time for Payment of Rates. City Customers shall pay the Rates as 143 prescribed in bills issued to City Customers in accordance with Section 144 12.04.410 and 12.13.140 of the City’s Municipal Code, subject to all 145 applicable regulations, requirements and penalties for non-compliance 146 pursuant to the Municipal Code and other applicable law.
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 147 Section 4. Rate Amounts. The Rate amounts applicable to water shall be as 148 specified in the rate schedule attached as Exhibit A to this Ordinance, which 149 schedule is hereby incorporated into this Ordinance. The Rate amounts 150 applicable to wastewater services shall be as specified in the rate schedule 151 attached as Exhibit A to this Ordinance, which schedule is hereby 152 incorporated into this Ordinance.
153 Section 5. User of Rate Revenue. The revenues raised by payment of the 154 Rates shall be used to fund the estimated reasonable cost of providing the 155 services for which the Rates are charged, and the Rate revenues shall not be 156 used for general revenues purposes.
157 Section 6. Subsequent Analysis and Revision of the Rates. The Rates set 158 herein are adopted and implemented by the City Council in reliance on the 159 Record identified above. The City may continue to conduct further study and 160 analyses to determine whether the Rates should be revised. When additional 161 information is available, the City Council may review the rates to determine 162 that the Rate amounts do not exceed the estimated reasonable cost of 163 providing the services for which the Rates are charged. 164 Section 7. Effective Date. This Ordinance will become effective sixty-one 165 days following its adoption.
166 Section 8. Implementation. The City Council hereby authorizes and directs 167 the City Manager to take any action and sign any documents necessary to 168 implement this Ordinance.
169 Section 9. CEQA Exemption. The Council finds that this Ordinance calling a 170 mail ballot election does not meet the definition of a project for the purposes 171 of the California Environmental Quality Act, under Public Resources Code 172 Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an 173 administrative governmental activity which will not cause a direct or indirect 174 physical change in the environment. The City Council’s review and adoption 175 of changing the water and wastewater rates is not a project under CEQA 176 Guidelines mechanisms which do not involve commitment to any specific Yreka City Council Meeting December 5, 2023 42 of 46
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 177 project which may result in a potentially significant environmental impact. 178 Thus, no environmental analysis is required at this time. 179 Section 10. Execution. The Mayor and City Clerk are authorized to subscribe 180 this Uncodified Ordinance where indicated below to evidence its approval by 181 the City Council.
182
183 Introduced at a regular meeting of the City Council held on November 184 21, 2023, passed, approved by at least a majority and adopted at a regular 185 meeting of the City Council of the City of Yreka held on December 5, 2023, 186 by the following vote:
187
188 AYES:
189 NOES:
190 ABSTAIN:
191 ABSENT:
192
193 Corey Middleton, Mayor
194 Approved as to Form: Attest:
195
196 Andrew Jared, City Attorney Cyndy Prohaska, City Clerk 197
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\12 December 2023\2023-12-05\Prop 218 Ord 2nd Reading\Ordinance 876 Rate Increase (acs edits)(324557.1).docx 198 Exhibit A
199
200
201 Water Rates
202
203
204
205 Wastewater Rates
206
207
208
209 Source: City of Yreka, 2023 Water and Wastewater Utility Rate Study Yreka City Council Meeting December 5, 2023 44 of 46
Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Comm. Dev. Director
YREKA CITY COUNCIL
Public Review Documents For December 5, 2023
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter • Attached are documents submitted to the City Clerk to be considered as part of the public review documents that have been received prior to the meeting. • Additional documents received 72-hours prior to the meeting, will be distributed to you at the meeting and included in the public document binder (with the agenda) at City Hall, and available in Chambers the evening of the meeting.
• Documents not submitted for forwarded to the City Clerk for inclusion as public record documents are not known, and therefore not included.
Yreka City Council Meeting December 5, 2023 45 of 46
1 Rhetta Hogan
From: your fellow american <[email protected]> Sent: Friday, November 24, 2023 2:24 PM
To: City Clerk
Subject: Re: questions regarding pay raise
It seems like this is discrimination.What if I was mute or had severe public speaking anxiety? Does that sound like discrimination to you? Also why wouldn't that be read ? Is it not in written form?I'm pretty sure I've heard them read emails.It should of been read at the public hearing.Is it included in the minutes or agenda? Sent with Proton Mail secure email.
On Tuesday, November 21st, 2023 at 10:24 AM, your fellow american <[email protected]> wrote:
It also appears that the city is basing the water fee off of these inflated ridiculous promotions that they give to themselves,if they were to go off pre 2021 salaries they could not pass such an absurd law due to revenue being enough to pay salaries.with inflated salaries some as high as 300 percent ,they are able to increase fees to pay for the salaries.On top of that where is the verified signed resolution for the fee increase?Am I correct in this thinking ? If not explain in detail with proof.
This is Wrong !I am saying No to the water fee increase and yes to a decrease in pay to pre 2021 standards.This and my previous message is to be read at the public hearing tonight November 21 2023.This is not a public records request,This is to satisfy requirement found under public hearing and to reserve and retain a right to litigation in the likely event they go ahead with the fee increase due to the self serving people they are.This message is in written form and for the city clerk.
Sent with Proton Mail secure email.
On Monday, November 20th, 2023 at 11:38 AM, your fellow american <[email protected]> wrote:
Good morning I recently seen a post on Facebook showing some raises that city employees had received from 2021 to 2022.most of the pay raises were in the range of 20k to 80k.Where did the city come up with the money? And what is the justification for such an absurd over the top amount?who authorized these pay raises?
I know your really busy ,but I'd like a response today if possible.Thanks for your assistance.
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